Who Performs Court Marriage In India, Lawyer Or Officer?

The Hindu Marriage Act and the Special Marriage Act, of 1954 are the two laws that govern court marriages in India. The Special Marriage Act of 1954 in India declares court marriages to be valid. An Indian male and a female can have a court marriage regardless of their religion, caste, or creed. It could also be done between two foreigners or Indians. The couple is not required to participate in the customary rites and ceremonies of marriage as part of the court marriage process. To conduct and register the marriage, as well as to obtain the marriage certificate, the parties are free to apply directly to the Marriage Registrar.

People in India were given a unique type of marriage after the Special Marriage Act of 1954 was passed. Regardless of their religion or level of faith, it includes all Indian nationals living abroad in addition to Indian citizens. Personal laws have no bearing on marriages that are performed in accordance with the Special Marriage Act.

Eligibility:

  • One or both of the parties cannot currently be legally married to anybody else.
  • The bride should be eighteen (18) years old, and the groom should be twenty-one (21) years old.
  • The parties should not be mentally incompetent in a way that prevents them from giving legal permission for the marriage, suffer from a mental disease of a nature or degree that makes them unfit for marriage and childbearing, or have had recurrent episodes of insanity.
  • The degree of a banned relationship should not apply to the parties.

Procedure:

  • The Marriage Registrar of the district where at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given must receive a Notice of Intended Marriage in the prescribed form from the parties.
  • The Registrar of Marriage then publishes or posts the notice, requesting any objections.
  • The marriage may be solemnized when 30 days have passed after the date that notice of the intended union was issued, barring any objections.
  • At the designated Marriage Office, the marriage may be celebrated.
  • At the time of registration or solemnization, both parties and three witnesses must be present.

A court marriage can be solemnized by a couple of any caste, religion, or nationality in the presence of a marriage officer and three witnesses. The Sub-Registrar appointed pursuant to the Act is typically the marriage official. A lawyer does not perform the court marriage rather he only guides in performing court marriage.

Role of a lawyer in Court marriage:

  • Before submitting the marriage notification, the parties contact their attorney. Your best option for moving through with the judicial marriage process is to hire a matrimonial attorney. If the couple lives in Aurangabad then Court Marriage Lawyers In Aurangabad can be appointed. Likewise, Court Marriage Lawyers In Hyderabad can also be appointed if the couple lives in Hyderabad. If the couple lives in Faridabad then Court Marriage Lawyers In Faridabad can also be appointed.
  • The parties to the marriage will receive advice from an advocate regarding the applicable law, the location of registration, and how to register a marriage.
  • The parties must be of legal age to participate, according to an advocate.
  • An advocate will guarantee that both parties freely consent.
  • All of the paperwork needed for the registration process will be prepared by an advocate. It aids in lightening the load and saving the parties the marriage time.
  • You, your partner, and the three witnesses will meet with an advocate at the marriage registrar's office at a mutually convenient time to go over the paperwork one more time.
  • An advocate will submit an appeal on behalf of the parties and present the arguments in the event that further claims and considerations are made.

The Special Marriage Act of 1954's definition of court marriage is the performance of an oath ceremony in front of the Registrar of Marriage. At the ceremony, there should be three witnesses present. Finally, the Government of India's nominated Marriage Registrar directly issues a court marriage certificate. A court marriage is taking place in a legal setting. In order to make it simple to detect any possibility of consent that is fraudulent or any abnormal conduct.

For hiring advocates you can contact Lead India. Our experienced lawyers know the ins and outs of the law. You can ask a legal question, talk to a lawyer, and can even seek free legal advice.

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Court Marriage Lawyers In Faridabad, Court Marriage Lawyers In Aurangabad, Court Marriage Lawyers In Hyderabad

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